Lackay turns to CCMA to set aside resignation

FORMER SA Revenue Service (Sars) spokesman Adrian Lackay has taken to the Commission for Conciliation, Mediation and Arbitration (CCMA) to have his resignation set aside on the grounds that he was forced to leave the revenue authority under duress.

Lackay resigned from Sars in February after an acrimonious working relationship with the then newly appointed commissioner Tom Moyane in September last year.

The case is to be heard at the CCMA offices in Pretoria today.

Lackay has approached the CCMA for constructive dismissal, claiming that he was forced to resign when his working conditions became unbearable.

Lackay argued that even though he served Sars with distinction for more than 10 years, his role as a spokesman was gradually diluted and eventually withdrawn in part by Sars.

He contended that most of his duties were given to the current spokesman Luther Lebelo after the internal fallout that followed allegations of a rouge spy unit within Sars.

Lackay confirmed today’s CCMA hearing through his lawyer, Brett Abraham of Webber-Wentzel attorneys.

Abraham said he could not provide the exact details of Lackay’s submission to the CCMA as they wanted the process to run its course.

“Mr Lackay will contend at these proceedings that his continued employment was rendered intolerable by Sars and that, in the circumstances, he was constructively dismissed,” said Abraham.

Lawsuit

Lebelo also confirmed the hearing and said Sars would table its stance as it was surprised that Lackay could take it to the CCMA after all the allegations he had made against the revenue authority.

“Obviously the case is subjudice but our view is that some of the allegations made are without substance,” Lebelo said. “In terms of the law, he (Lackay) should have brought his discomforts to the attention of the employer so that remedies could be found to his untenable situation, but to our knowledge this was not done so we are naturally surprised by the CCMA move.”

Lackay’s fallout with Sars became public weeks after his resignation when he told joint standing committees on finance and intelligence in March that he was forced to issue media statements that contained false and incorrect information.

Lackay submitted to the committees that key officials who wanted to set the record straight were bullied, frustrated, victimised and suspended in order to “drive a specific narrative to the public”. “As the spokesperson for Sars I was effectively muzzled by Sars and the commissioner and thereby unable to ensure that the public was aware of critical factors regarding the ongoings at Sars.

“I resigned from Sars under duress and because it became untenable for me to associate myself with the ongoing matters at Sars, I have commenced instituting labour proceedings against Sars on the basis that I was constructively dismissed.”

Sars responded by launching a R12 million lawsuit against him for allegedly defaming it and Moyane.